HomeMy Public PortalAbout2007_09_25
COUNCIL MEETING
September 25, 2007
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council members Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd.
Councilmembers Absent: Council Member Martinez arriving at 8:01 p.m.
Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole
Ard, Assistant to the Town Manager Kathleen Leidich, Town Attorney Barbara Beach,
Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning
and Development Susan Swift, Zoning Administrator Brian Boucher, Director of
Capital Projects Management Nagi Elsewaissi, and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
Council Member Wright made a motion to suspend the rules to allow an
appointment to be made to the Utility Rate Advisory Commission. The motion was
seconded by Council Member Hammier and approved by a vote of 6-0-1 (Martinez
absent).
Council Member Wright made a motion to appoint Mark Newton to the Utility
Rate Advisory Commission. The motion was seconded by Council Member Reid and
approved by a vote of 6-0-1 (Martinez absent).
A. Invocation by Council Member Burk
B. Salute to the Flag was led by Council Member Hammier
C. Roll Call showing Council Member Martinez absent.
D. Minutes
a. Regular Session Minutes of April 10, 2007
On a motion by Vice Mayor Horne, seconded by Council Member
Hammier, the minutes of the April 10, 2007 Town Council meeting were
approved by a 6-0-1 vote (Martinez absent)
b. Regular Session Minutes of May 22, 2007
On a motion by Council Member Hammier, seconded by Vice Mayor
Horne, the minutes of the May 22, 2007 Town Council meeting were approved
by a 6-0-1 vote (Martinez absent).
E. Presentations
a. Citizens Support Team Annual Report
Mr. Steve Hood thanked the Council for the opportunity to present the
Citizen's Support Team Annual Report. He summarized the history and
mission of the Support Team and highlighted items from the Annual Report.
He stated that they have been recognized at the Federal, State and local
level.
Town Council Meetinq of September 25. 2007
Page 2
Council thanked Mr. Hood and all the members of the Support Team
for their volunteerism.
b. Proclamation - Recognition of Terry Young as Chairman of the
Parks and Recreation Commission
Council Member Burk made a motion to recognize Terry Young's
service as Chairman of the Parks and Recreation Commission, seconded by
Council Member Wright and approved by a 6-0-1 vote (Martinez absent).
F. Petitioners - The petitioner's section opened at 7:54 p.m.
Melanie Couzzo, 120 Woodberry Road, stated the storm drainage
improvement project in the CIP is slated for Spring 2010. She asked that the storm
drainage project including sidewalks be pushed up due to safety concerns. She
stated that the traffic is heavy and visibility is poor. She added there are no speed
limit signs and poor street lighting.
Mrs. Couzzo stated there are numerous elderly residents on that road and
children have to walk down Woodberry to board the school bus. Further, she noted
that it is not high on the priority list for snow plowing and asked that if the project
cannot be moved up on the CIP, that speed limit signs be installed in the interim.
Council Member Reid suggested that Ms. Couzzo address the Standing
Residential Traffic Committee on this subject.
Sandy Kane, 815 Kenneth Place, stated she was very pleased with the
resolution regarding the Performing Arts Center.
The Petitioner's section closed at 8:02 p.m.
G. Public Hearing
a. To consider an ordinance to amend and reordain Article VI
(Stopping, Standing, and Parking) of Chapter 10 (Motor Vehicles and
Traffic) of the Code of the Town of Leesburg, Virginia, 1976, as
amended.
The public hearing opened at 8:02 p.m.
Barbara Beach stated the proposed ordinance covers nine sections of
the ordinance that were updated to reflect changes in the Virginia Code. She
reviewed the changes and the reasons for each.
Council Member Burk questioned the deletion of all references to
parking on private property.
Ms. Beach stated that keeps the police force from having to respond to
calls about parking in apartment complex parking lots. She stated that it
does not change what is legal; however, changes who files the charges,
noting that the private property owner can file the charges with the court.
Council Member Wright stated the deletion of enforcement of
handicapped parking on private property is a concern. He questioned
Town Council Meeting of September 25, 2007
Page 3
whether putting a restriction on the number of hours that a vehicle can be
parked in the Town garage is necessary.
Ms. Beach noted the handicapped parking prohibition and fine is still
enforceable no matter where the violation occurred, either on public or
private property.
Mr. Wells recommended Section 10-186 not be voted on at this time to
allow Chief Price time to look into Council Member Wright's concerns.
Council Member Wright recommended waiting to vote on the entire
slate of parking regulation changes.
Council Member Reid concurred citing another section about which he
had questions. He also questioned whether they can lower the allowable
weight of commercial vehicles parked on residential streets and requested
that Ms. Beach look into the possibility of changing the weight restriction.
Mayor Umstattd questioned whether Council Member Wright would like
to have further meetings with stakeholders.
Sandy Kane, Kenneth Place, noted the towing companies could not
enter the garage due to size constraints. She recommended Council
investigate this further prior to adding language regarding towing into the
ordinance.
Mr. Wells stated that some companies have smaller trucks and can
enter the garage to tow vehicles.
Mayor Umstattd noted that the issue could be revisited at the first
meeting in October.
The public hearing was closed at 8:28 p.m.
H. Legislation
ORDINANCES
On a motion by Council Member Burk, seconded by Vice Mayor Horne, the
following legislation was proposed:
2007-0-18
ORDINANCE
Zoning Ordinance Text Amendments TLOA-2007-0003 to implement certain
objectives of the 2005 Town Plan and to update various sections.
There was discussion regarding vehicle weights and landscape contractor
definitions. Mr. Boucher noted they could not drop the vehicle weight limit since
some of the larger SUVs are quite heavy and dropping the restricted vehicle weight
would make residents unable to park large SUVs in their neighborhoods. He also
confirmed the definition of landscape contractor has been modified to allow one
person operations to remain as home based businesses.
Town Council Meeting of September 25. 2007
Page 4
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
CONSENT AGENDA
On a motion by Vice Mayor Horne, seconded by Council Member Wright, the
following consent agenda was approved by a 6-0-1 (Martinez absent) vote:
2007-129
RESOLUTION
Authorizing an agreement, approving a performance guarantee and water and sewer
extension permits for the Exeter Neighborhood Shopping Center.
2007-130
RESOLUTION
Accepting the public improvements, releasing the performance guarantees, and
approving maintenance guarantees for Stowers, Phase 1, Section 2.
2007-131
RESOLUTION
Authorizing an agreement, approving a performance guarantee and water and sewer
extension permits for Oaklawn Townhouses, Section 2.
2007-132
RESOLUTION
Approving Battlefield Parkway (Kincaid Boulevard to Route 7) Transportation
Partnership opportunity fund grant agreement and authorizing the Town Manager to
execute this agreement.
2007-133
RESOLUTION
Authorizing a performance and proffer compliance agreement and approving a
performance guarantee for completion of the interchange at the intersection of East
Market Street (Route 7), Rivercreek Parkway and Crosstrail Boulevard.
2007-134
RESOLUTION
Approving the Town/VDOT Administrative Agreement for the Virts Corner
Intersection Improvement Project, and authorizing the Town Manager to execute this
agreement.
2007-135
RESOLUTION
Adopting the Regional Hazard Mitigation Plan
2007-136
RESOLUTION
Awarding Carr Tank #2 Construction Contract
Town Council Meeting of September 25, 2007
Page 5
2007-137
RESOLUTION
Approving Addendum No.3 to the Hazen and Sawyer Engineering Services Contract
to provide services during construction of Carr Tank #2.
REGULAR AGENDA
On a motion by Council Member Burk, seconded by Vice Mayor Horne, the
following resolution was proposed:
RESOLUTION
Accepting the report of the Performing Arts Task Force to Council as presented on
September 10, 2007 and authorizing $35,000 for a feasibility study and business
plan
Mayor Umstattd proposed an amendment to the motion deleting Section 3
language. The amendment was seconded by Council Member Reid.
Council Member Wright discussed the presentation given by Tripp Muldrow
and discussed funding sources.
Council Member Reid expressed his concern that these efforts not be
duplicated at the County level. He noted there are still things that need to be
resolved by staff.
Vice Mayor Horne stated there has been a great degree of in-depth study
addressing most of the issues that have been mentioned. She noted this will fill a
void in the community.
Council Member Hammier stated we should not forget that Leesburg has
enormous opportunities for performances. She questioned whether a $35,000 study
is necessary when some more information is needed.
Council Member Reid asked Mayor Umstattd to withdraw her motion and
replace it with a motion directing the Economic Development staff to conduct a
feasibility study for a performing arts facility in Leesburg, determine possible
locations and discuss with the County how we can work together.
Mayor Umstattd stated she did not have any issues with withdrawing her
motion. She stated we can determine the best several locations without a
consultant.
Council Member Burk made a motion to table discussion until the next
meeting. The motion was seconded by Council Member Wright.
The motion passed by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
On a motion by Vice Mayor Horne, seconded by Council Member Reid, the
following resolution was proposed:
Town Council Meeting of September 25. 2007
Page 6
2007-138
RESOLUTION
Amending the FY 2008-2012 Capital Improvement Program for airport projects to
accelerate land acquisition at the north end of the runway and the southwest end of
the runway to improve safety and to defer the South Apron Expansion Phase II
Project for future funding
The motion was approved by the following vote:
Aye: Hammier, Horne, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Burk, Martinez absent)
On a motion by Council Member Wright, seconded by Council Member Reid,
the following resolution was proposed:
2007-139
RESOLUTION
Designating a voting delegate and alternative to the 2007 Virginia Municipal League
Business Session
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
On a motion by Council Member Burk, seconded by Council Member Reid, the
following resolution was proposed:
2007-140
RESOLUTION
Requesting assistance from United States Congressman Frank Wolf, United States
Senator Mark Warner, and United States Senator Jim Webb to have the U.S. Postal
Service provide an additional post office in the Town of Leesburg, Virginia
A proposed amendment was made by Council Member Hammier changing the
language to read "in or near the Town of Leesburg".
Council Member Burk did not accept the amendment stating that they should
not advocate placing the Post Office outside the Town.
Council Member Wright stated he did not have a problem with "in or near"
and moved that he wanted to make sure that if they did not put a new post office
"in", they would have to refurbish the existing. Council Member Reid seconded this
motion.
Council Member Hammier stated that placing the post office outside the Town
would still benefit the Town citizens and noted that Senator Waddell had noted that
the funding had been completely removed from the CIP and this request for
assistance would be a request to put it back into the CIP.
Mayor Umstattd asked for a vote on the first amendment changing the
language to read "in or near Leesburg".
Town Council Meeting of September 25, 2007
Page 7
The motion, as amended, passed by the following vote:
Aye: Burk, Hammier, Wright, Reid, and Mayor Umstattd
Nay: Horne
Vote: 5-1-1 (Martinez absent)
Mayor Umstattd clarified that Council Member Wright had requested a friendly
amendment to request that the Catoctin Circle Post Office be refurbished regardless
of the location of a new post office. This motion was seconded by Council Member
Reid. Mayor Umstattd verified that Council Member Hammier would like a request
that the Federal Government reinstate the funding in the CIP for a new post office.
The original motion with the second and third amendments was passed by the
following vote:
Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
On a motion by Council Member Wright, seconded by Vice Mayor Horne, the
following resolution was proposed:
2007-141
RESOLUTION
Authorizing staff to send a referral letter to Loudoun County regarding Phase II of
the Loudoun County Adult Detention Facility
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
I. BOARDS AND COMMISSIONS
a. Airport Commission
Vice Mayor Horne stated the office space is now 100% leased.
b. Thomas Balch Library
Council Member Burk reported names for their History Awards
c. Board of Architectural Review
Council Member Reid stated that some of the Commission members
are attending a preservation conference in Staunton.
d. Cable Television Advisory Commission
Council Member Hammier reported that she would be unable to attend
the October Cable Commission meeting and asked that one of the other
Council Members attend as a sub. She noted that it was nice to see former
Management Specialist Tami Watkins on the other side of the dais. She noted
that there was a proposal by Comcast to come forward with a smaller box in
more sites. She stated that they had not ordered additional boxes, but would
be testing.
e. Commission on Public Art
Council Member Burk noted they had a retreat this weekend and would
be coming up with some interesting projects.
Town Council Meeting of September 25. 2007
Page 8
f. Economic Development Commission
Council Member Wright noted that Commission Member Todd
Severance had resigned.
g. Environmental Advisory Commission
Council Member Burk advised the Council that there is still one
opening. She added that they are very concerned about the school issue.
h. Information Technology Commission
No report.
i. Parks and Recreation Commission
Council Member Wright advised the Council that the outdoor pool is in
the site development process and that the scheduled opening is still in 2009.
j. Planning Commission
Council Member Wright reported that they are working on the first
round of Design and Construction Standards Manual changes.
k. Tree Commission
Council Member Reid reported on the successful summit by saying
they had about 30 attendees and most of the larger homeowners associations
were represented.
I. Standing Residential Traffic Committee
Council Member Reid noted that there is a vacancy on the committee.
He asked that Council put forth possible nominees.
J. NEW BUSINESS
Council Member Reid stated it is up to the Town Attorney to come back
to the Council with a possible ordinance to add teeth to the zoning
enforcement of overcrowding. He asked that the police report at the next
meeting on items 1 and 3.
Council Member Wright stated the Town should be careful of taking on
unfunded tasks that rightly belong with the Federal government in an attempt
to address illegal immigration. He stated the problem is that we do not have
the support from the Federal government and lack the support to get
anything done. Further, he added that the language "illegal immigrants" used
in conjunction with the discussion about overcrowding gives the perception
that we are focusing on illegal immigrants and not the broader issue of the
cost of housing and its economic impact.
Council Member Wright expressed concern with having the Support
Team monitor day laborer sites. He stated non-sworn officers have no way of
telling the difference between illegal workers and carpoolers. He expressed
that the desk staff at Ida Lee do not have the training to check immigration
status of patrons. He cautioned that we need to move through this carefully.
He noted he objects to items 6, 3, 2 and 1, but does not support the
thwarting of laws.
Town Council Meetinq of September 25, 2007
Page 9
Council Member Reid stated his concern is that contractors may exploit
people. He noted he would be agreeable to only addressing the overcrowding
issue.
L. COUNCIL COMMENTS
Council Member Reid disclosed he had a meeting with Rod Williams of
Inova regarding the streetscape of the Cornwall facility. He expressed his
condolences to Smartt's Mill Principal, Eric Stewart, over the death of his
daughter from cystic fibrosis. He noted VDOT does not support pave in place
for the unpaved portions of Sycolin Road. He noted the agenda for the
Northern Virginia Transportation Authority has no item about convening the
planning advisory committee and expressed his concern with this.
Council Member Wright echoed Council Member Reid's condolences
over the passing of Megan Stewart. He applauded the community over their
continued support of cystic fibrosis research. He disclosed a meeting with
Colleen Snow regarding the Battlefield Park proposal. He noted he attended
the grand opening of BM Motor Cars and noted he would like to have a
meeting with staff regarding the time line for other projects. He stated he
had the opportunity to attend the DIA meeting with the presentation by Tripp
Muldrow. He reported he has heard the desire the Town stay on track with
the Loudoun Street development. He suggested utilizing a development
authority to structure how the land develops. He requested a review of the
initiatives document from the retreat. He questioned whether the speed
feedback signs could be placed at the entrances to Town to remind drivers of
the posted speed limit.
Council Member Hammier expressed her condolences to the family of
Megan Stewart. She discussed the ground breaking of One Loudoun and the
importance of the location of a branch of the World Trade Center being
located in this development. She reminded everyone about the Smart's Mill
5K race. She commented that she enjoyed Council Member Burk's event.
Vice Mayor Horne stated she had attended a meeting of the VML
Legislative Committee in Richmond and had been appointed a member of the
VML Immigration Task Force which will meet on October 4 in Richmond. She
stated she attended a Virginia Chamber of Commerce Congressional
Luncheon at which she had the opportunity to thank Frank Wolf for his
support of Leesburg. She expressed her gratitude of the Citizen's Support
Team work. She gave her condolences to the family of Megan Stewart.
Council Member Burk stated she attended the grand opening of B&M
Motors. She gave her condolences to the Stewart family for their loss. She
expressed her disappointment that the top employer in Loudoun County is
Loudoun County Public Schools. She questioned whether the Economic
Development Department could send letters to Fortune 500 Companies
promoting the Town. Further, she questioned whether there is a way that the
Town can reach out to existing businesses as well.
Council Member Reid noted that there are very few locations available
for companies looking to relocate and faulted the Leesburg development
process.
Town Council Meeting of September 25. 2007
Page 10
Vice Mayor Horne reported other regions are vying for economic
development opportunities.
M. MAYOR'S COMMENTS
Mayor Umstattd disclosed a meeting with representatives of Loudoun
Country Day School. She stated they are facing the question of what they
want to do with the current Fairview site. They are looking at several options,
one of which would include rezoning. She encouraged them to meet with all
members of Council and do outreach to the neighborhood.
She expressed her overwhelming sadness over the death of Megan
Stewart, adding that she was an inspiration to a lot of people.
She noted the Chamber of Commerce presentation by Dennis Boykin,
Chairman of the Airport Commission, at the Airport regarding attracting
business to Leesburg and Loudoun County. She stated she thought the DIA
presentation was very good and was very encouraged that emphasis was put
on private sector funding for parking structures.
She noted that Saturday, September 29 is the Fall into the Arts
program.
N. MANAGER'S COMMENTS
Mr. Wells expressed his condolences to the Stewart family.
He stated that he did not have a date yet for the public input session
for the County Government Center. He informed the Council that the tennis
bubble would be inflated sometime next week at Ida Lee.
O. CLOSED SESSION
a. Litigation involving the airport and Tyree
On a motion by Mayor Umstattd, seconded by Council Member Wright,
the following closed meeting motion was made:
Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move
that the Leesburg Town Council convene in a closed meeting to discuss the
Tyree litigation.
Motion passed by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
b. Town Attorney's annual performance evaluation
On a motion by Mayor Umstattd, seconded by Vice Mayor Horne, the
following closed meeting motion was made:
Town Council Meeting of September 25, 2007
Page 11
Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move
that the Leesburg Town Council convene in a closed meeting to discuss a
personnel matter relating to the Town Attorney's evaluation.
Motion passed by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
Council convened in a closed session at 10:07 p.m.
On a motion by Mayor Umstattd, seconded by Council Member Wright,
the following motion was read when Council reconvened in open session:
In accordance with Section 2.2-3712 of the Code of Virginia, I move
that Council certify that to the best of each member's knowledge, only public
business matters lawfully exempted from open meeting requirements under
the Virginia Freedom of Information Act and such public business matters as
were identified in the motion by which the closed meeting was convened were
heard, discussed or considered in the meeting by Council.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 6-0-1
P. ADJOURNMENT
On a motion by Council Member Wright, seconded by Mayor Umstattd, the
meeting adjourned at 11:25 p.m.
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